Перегляд за Автор "Havrik, R."
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- ДокументFamily rights and child interests: non-jurisdictional approaches in Ukraine and EU legislation(Lex Humana, 2024) Vatras, V.; Havrik, R.; Omelchuk, O.; Stefanchuk, M.; Lohvinova, M.The academic paper delves into the fundamental concept of the child's best interests, emphasizing its prevalence over adult interests in Ukrainian and EU legislation concerning the rights of the child's family. It stresses the need for a nuanced assessment of the child's needs, considering individual cases and involving the child's perspective. The article explores specific non-jurisdictional protection methods, focusing on mental well-being, education, safety, stability, and family relationships. Emphasizing the child's welfare, the study underscores the importance of preserving stable relationships and balancing parental rights with the child's best interests in family disputes. Protection of the child's family rights involves restoring violated rights and preventing future violations, ensuring the child's legal status and safeguarding their rights and interests.
- ДокументFeatures of legal regulation of methods for protecting family rights and interests under the legislation of European Union member states(Lex Humana, 2023) Havrik, R.; Vatras, V.; Lohvinova, M.; Hrytsyshyna, L.; Chorna, Z.The article focuses on the features of the legal regulation of protecting the family's rights and interests in the European Union. The study examines the specifics and general aspects of the laws of various EU countries, including their historical, cultural, and social background. The importance of this analysis is based on several aspects. First and foremost, there is a strong need for an academic understanding of EU family law and the specifics of its sources. It is also essential to consider the uniqueness of EU family law, in particular, its unique system of sources, as well as the significant differences between the sources of EU law and international norms. The focus is on the protection of children's rights, the duties and rights of spouses, and the importance of international treaties and conventions in drafting national legislation. This study aims to provide a detailed research and comparative analysis of the features of the legal regulation of the protection of the rights and interests of the family in the European Union. For this purpose, the following methods have been applied: 1) the dialectical method for the analysis of social processes in the eu countries; 2) the formal legal approach to the study of legal relations and sources of family law; 3) the comparative analysis of eu regulations is based on the theoretical principles and specifics of family law. A systematic approach to the analysis of the specifics of EU family law and a historical view of its development are also used. In the context of globalization and international integration, the issue of unification of legal standards, especially within structures such as the EU, is becoming increasingly important. The research results will be helpful for lawyers, scholars, and anyone interested in current trends in European family law.
- ДокументImplementación de la inteligencia artificial en la educación procesal civil y jurídica: desafíos y perspectivas(Revista Eduweb, 2023) Davydova І.; Zhurylo, S.; Havrik, R.; Yakymchuk, S.; Samilo, H.Artificial intelligence is increasingly used in various spheres of human life: industry, medicine, and defense. The latest technologies are beginning to be used in the Universities’ classrooms and in the courtrooms. Gradually, the issue of using artificial intelligence in jurisprudence became relevant both for European countries and Ukraine. Therefore, due to the rapid implementation of artificial intelligence technology, it became necessary to consider the problematic issues of implementing the interaction of legal education, civil process and artificial intelligence. The purpose of the work is to conduct a study of the problematic issues of implementation of the use of artificial intelligence in the legal education and civil process. The object of research is artificial intelligence in the legal education and civil process. The subject of the research is the social relations that arise, change, and cease in the process of using artificial intelligence in the legal education and civil process. The research methodology includes methodological approaches (active, systemic, comparative, axiological), general methods of thinking (analysis, synthesis, abstraction, generalization), philosophical (dialectical, metaphysical, hermeneutic, epistemological), general scientific (historical, synergistic, functional, structural) and specifically scientific (formal-legal, comparative-legal) methods. As a result of the study, problematic issues of implementation of artificial intelligence technology in the legal education and civil process were analyzed.
- ДокументLegal Challenges to Countering Gender-Based Violence in Posthumanism Society: International Experience and Ukrainian Realities(Postmodern Openings, 2020) Lesko, N.; Khomyshyn, I.; Tsvok, M.; Havrik, R.; Kaniuka, I.The article deals with the legal issues of countering gender-based violence in a posthumanism society in Ukraine and the European Union. The structure of the article consists of four chapters. The first chapter “General principles for countering gender-based violence in a posthumanism society” emphasizes that gender-based violence is a complex social problem. The second chapter, “Issues of formulating a definition of the term gender”, analyses the historical aspects of the formation of the term gender, as well as the history of Christian NGOs' struggles with gender strategies in the United Nations and the European Union. The third chapter, “Development of gender equality strategy in a posthumanism society” explores the content of the concept of “Gender equality”. The fourth chapter examines in detail the main provisions of the Convention concerning the struggle against gender-based violence as well as determines the issues of the ratification of the Istanbul Convention in Ukraine as European country. It is concluded that the introduction of modern forms and methods of combating gender-based violence, based on best international practices, requires the development not only of monitoring the effectiveness of legislation but also of monitoring the effectiveness of the activities of entities implementing measures of preventing and combating gender-based violence.
- ДокументMeasures to combat smuggling and corruption in the customs clearance of commercial goods in Ukraine(Amazonia Investiga, 2020) Kulish, A.; Chumak, V.; Chernysh, R.; Khan, O.; Havrik, R.The article deals with an important and relevant issue –measures to combat smuggling and corruption during customs clearance of commercial goods in Ukraine. The authors analyze the scientific doctrine regarding the nature and level of influence of smuggling and corruption on the state budget and the level of economic growth in Ukraine. It has been found out that scientists who choose different definitions and forms were unanimous about the negative nature and level of harmful influence of these phenomena on the economy of Ukraine. Various methods were used in the article: dogmatic, formal legal, and system-structural. It is proposed to analyze the main measures necessary to overcome smuggling and corruption in the customs clearance of commercial goods in Ukraine. First, the implementation of the principle of transparency in the activities of customs during the customs clearance of commercial goods. Second, updating the qualification requirements for positions in this service and the procedure for competitive selection. Third, criminalizing the smuggling of commercial goods. Fourth, establishing coordination of law enforcement and regulatory agencies of Ukraine with the relevant authorities of neighboring countries. Fifth, expanding the powers of the State Customs Service of Ukraine to investigate the smuggling of commercial goods. It is concluded that it is necessary and important to develop and introduce specific, rather than declarative, measures to counteract smuggling and corruption in the customs clearance of commercial goods in Ukraine.
- ДокументRegulação legal do casamento de fato(Lex Humana, 2023) Havrik, R.; Fatah, A. A.; Ustinova-Boichenko, H.; Yamkovyi, V.; Yunatskyi, M.Atualmente, para além da existência da instituição do casamento no sentido tradicional, o mundo assiste à difusão do modelo de homens e mulheres, bem como de pessoas do mesmo sexo, que vivem juntos como uma família sem registo oficial do Estado do facto de terem criado uma tal família. A questão do casamento de facto está a tornar-se cada vez mais generalizada e socialmente importante na sociedade. Todos os anos, menos pessoas querem registar as suas relações familiares. Ao mesmo tempo, o legislador está a tentar desenvolver, melhorar e implementar mecanismos legais para proteger os interesses das pessoas nessas relações. No decurso do estudo, métodos sistémico-estruturais, comparativos, lógicos e linguísticos, análise, síntese, indução, dedução, abstração e idealização foram aplicados a materiais de estudo e processamento no campo da orientação reguladora do casamento de facto. Além disso, um inquérito por questionário serviu para esclarecer na prática certas questões nesta área. No decurso do estudo, foram delineadas as tendências mais importantes da literatura científica sobre a questão das relações matrimoniais de facto. Com base nos resultados de um questionário, o autor esclarece o ponto de vista dos advogados e estudiosos praticantes que estudam as relações conjugais sobre certos aspectos práticos desta questão.
- ДокументSafeguarding children’s rights through international legal frameworks(Multidisciplinary Science Journal, 2024) Shpytalenko, G.; Havrik, R.; Vatras, V.; Sabluk, S.; Andrukhiv, O.Every state exists to protect the freedoms and rights of children. This universally recognized norm has gained worldwide recognition. The protection of children's rights in international law deserves special attention. The article highlights the problematic issues of child rights protection at the global level. These issues are essential in international law, as they extend to the entire world. International law on the protection of children's rights and freedoms makes it possible to address urgent problems of implementation and improvement of the organizational and legal framework for preventing violations of children's rights. This includes the study of legal reform in the world and Ukraine and the harmonization of national legislation with international law. Nowadays, the protection of children's rights and freedoms is critical since children in Ukraine are forced to make significant efforts to get even an education. However, according to international law, every child should grow up in peaceful and safe conditions. The research was conducted using the historical method, the method of comparison, analysis, and the systematic method. The analysis of the theory and practice of child rights violations as an urgent and global problem in Ukraine and worldwide will improve legal consciousness and awareness. This will make it possible to avoid offenses and draw attention to the mandatory consideration of international norms. It is worth noting that the problems that arise in our country today need to be addressed at the global level, as children are our future, and they need to grow and develop in a safe, peaceful, and harmonious environment. Children need support and care for their growth and the formation of the ideology of the rule of law and legal awareness. The freedoms and rights of children should be in the first place, both at the national and international levels.
- ДокументThe Impact of the Pandemic Covid-19 on the Human Right to Freedom of Movement(European Journal of Sustainable Development, 2021) Zolka, V.; Tsarenko, O.; Kushnir, I.; Tsarenko, S.; Havrik, R.The article discusses the impact of the pandemic COVID-19 on the human rights, in particular, the right to freedom of movement and free choice of residence. The purpose of the article is to investigate whether the restrictions implemented to prevent spread of the infection were legitimate and necessary. The concept and content of the right to free movement according to Ukrainian legislation has been investigated. The legitimate grounds for restriction of human rights were analyzed. The state of compliance of Ukrainian legislation with the legislation of the EU and world standards was revealed. The range of issues that Ukraine faced during the pandemic COVID-19 and limitations of human rights were disclosed. Particular attention was paid to legal acts which implemented such limitations. It was revealed that the approach of the Ukrainian legislator while implementing restrictions of human rights was unconstitutional and violated fundamental human freedoms. General and special scientific methods were used in the process of research, such as dialectical, comparative, dogmatic and legal methods